Louisiana 2016 Regular Session

Louisiana House Bill HB827

Introduced
3/4/16  
Introduced
3/4/16  
Refer
3/4/16  
Refer
3/14/16  
Refer
3/14/16  
Report Pass
4/14/16  

Caption

Provides for public contempt proceedings

Impact

The impact of HB 827 on state laws is significant as it establishes a standard for openness in contempt cases. Under this bill, all court pleadings and evidence related to contempt allegations would be open to public view, reinforcing the principle of transparency in legal proceedings. However, there is an exception for cases where both parties agree to a stipulation for closed proceedings, allowing some flexibility within the framework established by the bill. This change could lead to more robust oversight of judicial proceedings and the actions of individuals accused of contempt, fostering public trust in the judicial system.

Summary

House Bill 827 introduces provisions related to public contempt proceedings in Louisiana. Specifically, the bill mandates that any proceedings concerning direct or constructive contempt of court must be conducted openly in public, thereby promoting transparency and accountability within the judicial system. This legislative change aims to ensure that both civil and criminal contempt cases are accessible to the public, contrasting with existing laws that allow for closed proceedings in certain circumstances. The essence of the bill reflects a significant shift towards enhancing public scrutiny of the judicial process.

Sentiment

Discussion surrounding HB 827 appears to carry a generally positive sentiment among advocates for judicial transparency and public access to court activities. Proponents believe that open contempt proceedings will enhance accountability and serve as a deterrent against potential abuses of power within the legal framework. Conversely, there may be concerns regarding the implications for certain cases, particularly where privacy is paramount, and how this openness could alter the dynamics of judicial proceedings. Overall, the bill is viewed favorably by those who prioritize transparent governance.

Contention

Notable points of contention arise with the requirement for public proceedings, as there are concerns regarding the impact on vulnerable individuals involved in contempt cases, especially in scenarios involving domestic issues or sensitive situations. Critics may argue that while transparency is essential, it should not compromise the safety or privacy of individuals. Additionally, legal practitioners and certain stakeholders could express apprehensions about how public scrutiny could affect the outcomes of such cases. These debates highlight the delicate balance between transparency in the judicial process and the rights of individuals involved.

Companion Bills

No companion bills found.

Similar Bills

CA AB2338

Courts: contempt orders.

MT SB457

Revise laws regarding legislative subpoenas

MT SB374

Generally revise contempt of court laws

LA SR199

Requests Louisiana State Law Institute to study whether the granting of attorney fees should be allowed in civil contempt of court proceedings.

LA HB438

Provides relative to contempt proceedings when the Department of Children and Family Services is providing support enforcement services

LA HB871

Provides relative to summonses for contempt for nonpayment of child support orders or medical support orders

AZ HB2824

Legislative subpoena; perjury; refusal; contempt

LA HB395

Provides relative to penalties for contempt of court (EN SEE FISC NOTE LF EX See Note)